Commercial and Recreational Saltwater Fishing Licensing Regulations (250-RICR-90-00-2)


250-RICR-90-00-2 PROPOSED RULE

Title 250 Department of Environmental Management
Chapter 90 Marine Fisheries
Subchapter 00 N/A
Part 2 Commercial and Recreational Saltwater Fishing Licensing Regulations (250-RICR-90-00-2)
Type of Filing Amendment
Regulation Status Proposed View Active Rule
Filing Notice Date 08/22/2019
Filing Hearing Date(s) 09/10/2019
Public Comment Dates 08/22/2019 to 09/21/2019

Regulation Authority :

R.I. Gen. Laws Chapters 42-17.1, 20-2.1, and 20-2.2, R.I. Gen. Laws § 20-1-4 and in accordance with R.I. Gen. Laws Chapter 42-35

Purpose and Reason :

  • Section 2.7.4(C):  Clarify reporting documentation requirements as it pertains to trip data reporting.  Trip elements identified currently contained in Paper Catch and Effort Harvester logbook instructions.  No substantive changes proposed.
  • Section 2.7.4(E):  Distinguish that this section applies only to “paper” reports. Section 2.7.4(F):  Provide timeframe that electronic reports must be submitted as section 2.7.4(E) is being amended to address only “paper” reports. 
  • Section 2.7.5(D)(1)(b)(3):  Amend the standard of “Actively Fishing” as it pertains to eligibility for the issuance of a new Commercial Fishing License with Quahaug endorsement for holders of a Student Shellfish License, such that the Student Shellfish license must only be held for only one (1) year (instead of the current two (2) year requirement) if the license holder was 22 years of age at the time if initial license issuance.
  • Section 2.7.5(E)(3)(a):  Add to rule new language consistent with state law that establishes that residency status must be maintained to maintain eligibility for license renewal. 
  • Section 2.7.5(G)(1)(e):  Amend the eligibility requirement for prioritization of the issuance of new licenses, such that in cases where an applicant has previously surrendered a license to the Department pursuant to the sale of vessel and/or gear, and the applicant has subsequently acquired a new license, the applicant must have held the new license for a minimum of seven (7) years before being eligible for prioritization again. 
  • Section 2.7.5(G):  Other proposed amendments to this section other than the proposed amendment to section 2.7.5(G)(1)(e) are clarifications to the language only, no actual changes to the requirements are proposed
  • Section 2.7.9(A)(7):  Require dealer reporting compliance as a condition of dealer license renewal.  Such reporting is currently required per Part 7 Dealers, section 7.7.  However the Department lacks means by which to enforce timely reporting critical to managing quota.  Proposed amendment provides the Department with greater ability to facilitate timely reporting.
  • Section 2.7.10:  Delete section as is redundant with Part 1 and state law.
  • Section 2.9.2(F)(2):  Expand the timeframe for which reporting is required to be submitted by Party/Charter vessels.  Provide greater flexibility to fishermen by removing requirement that reporting must be completed “onboard the vessel upon landing” and instead allow for submittal “within 48 hours of end of trip”.  Also amending this section to add reporting trip data elements that need to be included as part of the reporting submission. 
  • Section 2.9.2(F)(5):  For licensed Party/Charter vessels, add reporting compliance as a condition of maintaining and/or renewing the P/C license.  This amendment was proposed by industry as a necessary means for the industry to provide timely and accurate reporting data necessary for fisheries management.
  • Several non-substantive clarifications throughout rule

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